Thanks to an appeals court panel ruling last week, Texas scored a victory in its fight to uphold a new abortion law that prevents the practice from taking place after the six-week mark of a pregnancy.
However, once again, President Joe Biden’s Justice Department is seizing on the issue, and as a result, filed an emergency application with the U.S. Supreme Court on Monday in which they asked for The Heartbeat Act to be blocked, calling it “unconstitutional,” the Daily Caller reports.
This isn’t the first attempt to have the bill blocked at the SCOTUS level, as a number of abortion providers filed a similar emergency application to have it blocked earlier this year. The high court refused the request, allowing the bill to take effect on Sept. 1.
U.S. Attorney General Merrick Garland vowed to file suit against Texas in order to block the law, and scored a very temporary victory after a Democrat-appointed federal judge ordered a temporary injunction. However, that ruling was struck down just over 48 hours later by an appeals court.
What’s in the law?
The new anti-abortion legislation is America’s strictest law, as it bans a vast majority of abortions after the six-week mark of pregnancy, which is when a fetal heartbeat can be detected. Few exceptions exist that would allow a pregnant woman to be approved for the procedure.
The legislation also makes no exception for rape or incest cases, which is another major point of contention for pro-abortion activists.
Perhaps the most unique aspect of the Texas bill is the language that allows private citizens to sue abortion providers or people who help pregnant women have an abortion, effectively turning the entire state’s population of those against abortions into a policing force.
“It not only empowers complete strangers to inject themselves into the most private of decisions made by a woman — it actually incentivizes them to do so with the prospect of $10,000 if they win their case,” President Biden said last month, as the Daily Caller noted.
The DOJ attacks
Biden’s DOJ is clearly determined to do whatever it takes to make sure the law is eventually killed, writing that it believes the law is “unconstitutional” and a violation of the rights afforded to women as a result of the landmark Roe v. Wade case.
“Texas is not the first state to question Roe and Casey,” the DOJ’s emergency application read.
It added: “But rather than forthrightly defending its law and asking this Court to revisit its decisions, Texas took matters into its own hands by crafting an ‘unprecedented’ structure to thwart judicial review.”
Only time will tell if SCOTUS sides with the state or the federal government, but in the meantime, one can be assured that Biden’s DOJ will likely use any and all tactics available to put a stop to it as the administration desperately attempts to secure a much-needed win for the Democratic Party in general.